Muralidharan Nair v. The Joint Registrar (General)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 3494 of 2015 (J) ------------------------------------ PETITIONER: - ---------------------- MURALIDHARAN NAIR, THRIVENI HOUSE, ARAYOOR, ARAYOOR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695122.

BY ADV. SRI.R.V.SREEJITH RESPONDENTS: - --------------------------

1. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETY, OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM-695001.

2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETY (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETY, MINI CIVIL STATION, NEYYATTINKARA, THIRUVANANTHAURAM-695001.

3. THE SECRETARY, ARAYOOR SERVICE CO-OPERATIVE BANK LTD.NO. 692, ARAYOOR P.O., NEYYATTINAKRA, THIRUVANANTHAPURAM-695122.

4. T.R.JAYAN, PRESIDENT, ARAYOOR SERVICE CO-OPERATIVE BANK LTD.NO. 692, ARAYOOR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695122.

R3 & R4 BY ADV. SRI.P.N.MOHANAN R1 & R2 BY Sr. GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3494 of 2015 (J) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE DISABILITY CERTIFICATE DATED 6-1-2006 ISSUED BY THE GOVERNMENT OF KERALA ISSUED TO THE PETITIONER.

EXHIBIT P2 : TRUE COPY OF THE SSLC CERTIFICATE BEARING THE DATE OF BIRTH OF THE PETITIONER.

EXHIBIT P3 : TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE MALAYALA MANORAM DAILY DATED 17-1-2015.

EXHIBIT P4 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 27-1-2015 TO THE 1ST RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT ON 27-1-2015.

RESPONDENTS' EXHIBITS : - --------------------------------------- EXHIBIT R3(a) : TRUE COPY OF THE RESOLUTION DATED 28.1.2015 OF THE MANAGING COMMITTEE.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 3494 of 2015 ---------------------------------------- Dated this the 17th day of June, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned counsel for the respondents, as well as the learned Government Pleader, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. The petitioner, a physically challenged person with 50% disability, has a grievance that no specific provision reserving any posts for physically challenged persons has been made in Exhibit P3 notification.

3. The respondents 3 and 4 have filed their counter affidavit placing on record that the managing committee has already reported two vacancies of the Junior Clerk for physically challenged persons and that the quota requirement of reservation has been complied with.

W.P.(c) No. 3494 of 2015

4. In the light of the averments made in the counter affidavit by the third and fourth respondents, the learned counsel for the petitioner has submitted that the writ petition may be closed since the petitioner's grievance to the extent of making provision for physically challenged persons in the recruitment stands served.

In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned counsel for the respondents, this Court closes the writ petition as having not survived for further consideration.

DAMA SESHADRI NAIDU JUDGE DMR/-